|
| |
|
38 | An offence under Article 9(1) of that Order (conspiracy). |
| |
Public Processions (Northern Ireland) Act 1998 (c. 2) |
| |
39 | An offence under section 8(8) of the Public Processions (Northern Ireland) |
| |
Act 1998 (inciting commission of offences under section 8(7) of that Act). |
| |
40 | An offence under section 9A(8) of that Act (inciting commission of offences |
| 5 |
under section 9A of that Act). |
| |
Terrorism Act 2000 (c. 11) |
| |
41 | An offence under section 60 of the Terrorism Act 2000 (inciting in Northern |
| |
Ireland the commission of acts of terrorism outside the United Kingdom). |
| |
| 10 |
Other offences: Northern Ireland |
| |
42 | An offence of conspiracy falling within Article 13(2) or (3) of the Criminal |
| |
Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 |
| |
(N.I.13)) (forms of conspiracy not affected by abolition of offence of |
| |
conspiracy at common law). |
| 15 |
| |
| |
| |
1 (1) | This paragraph applies if— |
| |
(a) | any relevant behaviour of D’s takes place wholly or partly in |
| |
| 20 |
(b) | D knows or believes that what he anticipates might take place wholly |
| |
or partly in a place outside England and Wales; and |
| |
| |
(i) | the anticipated offence is one that would be triable under the |
| |
law of England and Wales if it were committed in that place; |
| 25 |
| |
(ii) | if there are relevant conditions, it would be so triable if it |
| |
were committed there by a person who satisfies the |
| |
| |
(2) | “Relevant condition” means a condition that— |
| 30 |
(a) | determines (wholly or in part) whether an offence committed |
| |
outside England and Wales is nonetheless triable under the law of |
| |
| |
(b) | relates to the citizenship, nationality or residence of the person who |
| |
| 35 |
2 (1) | This paragraph applies if— |
| |
(a) | paragraph 1 does not apply; |
| |
(b) | any relevant behaviour of D’s takes place wholly or partly in |
| |
| |
|
| |
|
| |
|
(c) | D knows or believes that what he anticipates might take place wholly |
| |
or partly in a place outside England and Wales; and |
| |
(d) | what D anticipates would amount to an offence under the law in |
| |
| |
(2) | The condition in sub-paragraph (1)(d) is to be taken to be satisfied unless, |
| 5 |
not later than rules of court may provide, the defence serve on the |
| |
| |
(a) | stating that on the facts as alleged the condition is not in their opinion |
| |
| |
(b) | showing their grounds for that opinion; and |
| 10 |
(c) | requiring the prosecution to show that it is satisfied. |
| |
(3) | The court, if it thinks fit, may permit the defence to require the prosecution |
| |
to show that the condition is satisfied without prior service of a notice under |
| |
| |
(4) | In the Crown Court, the question whether the condition is satisfied is to be |
| 15 |
decided by the judge alone. |
| |
(5) | An act punishable under the law in force in any place outside England and |
| |
Wales constitutes an offence under that law for the purposes of this |
| |
paragraph, however it is described in that law. |
| |
3 (1) | This paragraph applies if— |
| 20 |
(a) | any relevant behaviour of D’s takes place wholly outside England |
| |
| |
(b) | D knows or believes that what he anticipates might take place wholly |
| |
or partly in a place outside England and Wales; and |
| |
(c) | D could be tried under the law of England and Wales if he committed |
| 25 |
the anticipated offence in that place. |
| |
(2) | For the purposes of sub-paragraph (1)(c), D is to be assumed to be able to |
| |
commit the anticipated offence. |
| |
4 | In relation to an offence under section 43, a reference in this Schedule to the |
| |
anticipated offence is to be read as a reference to any of the offences specified |
| 30 |
| |
| |
| |
Amendments relating to service law |
| |
Criminal Justice Act 1982 (c. 48) |
| |
1 | In section 32 of the Criminal Justice Act 1982 (early release of prisoners), in |
| 35 |
subsection (2A) for “incitement” substitute “encouragement and assistance”. |
| |
Sexual Offences (Amendment) Act 1992 (c. 34) |
| |
2 | In section 6 of the Sexual Offences (Amendment) Act 1992 (interpretation), |
| |
in subsection (1A) for “incitement” substitute “encouragement and |
| |
| 40 |
|
| |
|
| |
|
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) |
| |
3 | In section 114 of the Powers of Criminal Courts (Sentencing) Act 2000 |
| |
(offences under service law), in subsection (3) for “incitement” substitute |
| |
“encouragement and assistance”. |
| |
Sexual Offences Act 2003 (c. 42) |
| 5 |
4 (1) | The Sexual Offences Act 2003 is amended as follows. |
| |
(2) | In paragraph 93A of Schedule 3 (sexual offences for purposes of Part 2), in |
| |
sub-paragraph (3) for “incitement” substitute “encouragement and |
| |
| |
(3) | In paragraph 172A of Schedule 5 (other offences for purposes of Part 2), in |
| 10 |
sub-paragraph (2) for “incitement” substitute “encouragement and |
| |
| |
Criminal Justice Act 2003 (c. 44) |
| |
5 | In section 233 of the Criminal Justice Act 2003 (offences under service law), |
| |
in subsection (2) for “incitement” substitute “encouragement and |
| 15 |
| |
Gambling Act 2005 (c. 19) |
| |
6 | In Part 1 of Schedule 7 to the Gambling Act 2005 (relevant offences), in |
| |
paragraph 22A for “incitement” substitute “encouragement and assistance”. |
| |
Armed Forces Act 2006 (c. 52) |
| 20 |
7 | The Armed Forces Act 2006 is amended as follows. |
| |
8 | In section 39 (attempts), in subsection (4)(b) for “inciting another person to |
| |
commit” substitute “encouraging or assisting the commission of”. |
| |
9 | For section 40 (incitement) substitute— |
| |
“40 | Encouraging and assisting |
| 25 |
(1) | A person subject to service law commits an offence if he encourages |
| |
or assists the commission of a service offence (other than an offence |
| |
| |
(2) | A civilian subject to service discipline commits an offence if he |
| |
encourages or assists the commission of an offence mentioned in |
| 30 |
| |
(3) | Reference in this section to encouraging or assisting the commission |
| |
of an offence is to the doing of an act that would have constituted an |
| |
offence under Part 2 of the Serious Crime Act 2007 if the offence |
| |
encouraged or assisted had been an offence under the law of England |
| 35 |
| |
(4) | In determining whether an act would have constituted an offence |
| |
under that Part, section 46(4) of that Act has effect as if for “offences |
| |
under this Part and listed offences” it read “offences under sections |
| |
39 and 40 of the Armed Forces Act 2006”. |
| 40 |
|
| |
|
| |
|
(5) | Any requirement in that Part to specify matters in an indictment |
| |
applies for the purposes of this section as it applies for the purposes |
| |
of that Part, but with references to the indictment being read as |
| |
references to the charge sheet. |
| |
(6) | A person guilty of an offence under this section is liable to the same |
| 5 |
punishment as he would be liable to if guilty of— |
| |
(a) | the service offence encouraged or assisted; or |
| |
(b) | if convicted of the offence under this section by reference to |
| |
more than one such service offence, any one of those service |
| |
| 10 |
10 | Accordingly, in the heading immediately before section 39 for “incitement” |
| |
substitute “encouragement and assistance”. |
| |
11 | For section 46 (inciting criminal conduct) substitute— |
| |
“46 | Encouraging or assisting criminal conduct |
| |
(1) | Subsection (2) applies if a person subject to service law, or a civilian |
| 15 |
subject to service discipline, encourages or assists the doing of an act |
| |
(or one or more of a number of acts) that, if done in England or Wales, |
| |
would be punishable by the law of England and Wales. |
| |
(2) | Regardless of where that act (or those acts) might be done and of his |
| |
state of mind with respect to that question, his encouragement or |
| 20 |
assistance shall be treated for the purposes of section 42(1) as an act |
| |
that is punishable by the law of England and Wales (so far as it is not |
| |
such an act in any event). |
| |
(3) | Reference in this section to encouraging or assisting is to an act that |
| |
would constitute an offence under Part 2 of the Serious Crime Act |
| 25 |
2007 disregarding any provision in that Part about the place where |
| |
the act (or acts) being encouraged or assisted might be done or the |
| |
accused’s state of mind with respect to that question.” |
| |
12 | In section 48 (provision supplementary to sections 43 to 47), in subsection |
| |
(1)(a) for “incitement” substitute “encouragement or assistance”. |
| 30 |
13 | In Schedule 2 (list of serious offences)— |
| |
(a) | in paragraph 11 for “inciting another person to commit” substitute |
| |
“encouraging or assisting the commission of”; |
| |
(b) | in paragraph 13 for “of incitement to commit” substitute “under Part |
| |
2 of the Serious Crime Act 2007 of encouraging or assisting the |
| 35 |
| |
|
| |
|